Support Local Journalism. Join Riverfront Times Press Club.

Thursday, October 29, 2009

Judge Dismisses Birther's Lawsuit; Mo. Reps. Cynthia Davis, Timothy Jones Lose Decision

Posted By on Thu, Oct 29, 2009 at 3:13 PM

Page 2 of 2


The Complaint additionally identifies a group of "Plaintiff State Representatives" as having "unique standing." While the Complaint does not specifically identify these representatives serving in the state government, from the caption of the Complaint it appears they are Tennessee Representative Glen Casada; New Hampshire Representative Timothy Comerford; Missouri Representative Cynthia Davis; Missouri Representative Timothy Jones; Tennessee Representative Frank Niceley; and Tennessee Representative Eric Swafford (collectively, the "State Representatives")...

In effect, Plaintiffs allege that the State Representatives have standing because they could be held liable for theft or conversion should they accept federal funds pursuant to an unconstitutionally elected president. The threat of liability for theft or conversion against these representatives is highly speculative.... The State Representatives' liability for theft or conversion is speculative because it takes multiple logical leaps to assume that the representatives would be prosecuted criminally for theft and conversion for taking funds from the President who has been elected and sworn into office. Because the alleged harm faced by the State Representatives is highly speculative and conjectural, this group also fails to satisfy the standing requirements. Moreover, to the extent that Plaintiffs allege State Representatives have standing based on an oath to uphold the Constitution, the allegation is insufficient to establish standing under the reasoning of City of South Lake Tahoe...
View the entire court order here.

Tags: , ,

Support Local Journalism.
Join the Riverfront Times Press Club

Local journalism is information. Information is power. And we believe everyone deserves access to accurate independent coverage of their community and state. Our readers helped us continue this coverage in 2020, and we are so grateful for the support.

Help us keep this coverage going in 2021. Whether it's a one-time acknowledgement of this article or an ongoing membership pledge, your support goes to local-based reporting from our small but mighty team.

Join the Riverfront Times Club for as little as $5 a month.

Read the Digital Print Issue

December 1, 2021

View more issues

Newsletters

Never miss a beat

Sign Up Now

Subscribe now to get the latest news delivered right to your inbox.

Best Things to Do In St. Louis

© 2021 Riverfront Times

Website powered by Foundation